R v Ellis, Craig Martin

District Court

New South Wales

Medium Neutral Citation:	R v ELLIS, Craig Martin [2017] NSWDC 318
Hearing dates:	13 and 20 October 2017
Date of orders:	20 October 2017
Decision date:	20 October 2017
Jurisdiction:	Criminal
Before:	Judge S Norrish QC
Decision:	Full-time custodial sentence. For orders see [83].
Catchwords:	CRIMINAL – SENTENCE – two counts of misleading a judicial tribunal – one count relating to the Local Court of NSW and one count relating to the District Court of NSW – offences committed while the General Manager of the Shelley Beach Golf Club – no prior criminal offences – on two separate occasions intentionally concealed CCTV footage requested by police in relation to the prosecution and later civil proceedings launched by a patron who had previously been on the club premises – breach of trust not an aggravating factor – significance of mental health conditions that emerged after the offences – ‘extra-curial’ punishment – strong family support system – minimal discount for utilitarian benefit of plea of guilty on first offence – full discount for second offence – totality of sentence – special circumstances.
Legislation Cited:	Crimes Act 1900 (NSW) Liquor Act 2007 (NSW) Crimes (Sentencing and Procedure) Act 1999 (NSW)
Cases Cited:	DPP (Cth) v De La Rosa [2010] NSWCCA 194 Einfeld v Regina [2010] NSWCCA 87 Iskander v R [2013] NSWCCA 235 Kearsley v Regina [2017] NSWCCA 28 Marinellis v Regina [2006] NSWCCA 307 Pearce v The Queen (1998) 194 CLR 610 Phanekham [2015] NSWCCA 295 R v Allpass (1993) 72 A Crim R 561 R v Engert (1995) 84 A Crim R 67 R v Hammoud [2000] NSWCCA 540 R v Malicki [2015] NSWCCA 162 R v Thompson and Houlton (2000) 49 NSWLR 383 Regina v Daetz [2003] NSWCCA 216 Regina v Giang [2001] NSWCCA 276 R v Rivkin [2003] NSWSC 447 R v Rivkin [2004] NSWCCA 7
Category:	Sentence
Parties:	Regina (Crown) Craig Martin Ellis (Offender)
Representation:	Counsel: Mr P Barrett (Crown) Mr T Watts (Counsel)
File Number(s):	2015/00341249
Publication restriction:	Nil

SENTENCE

1. HIS HONOUR: My practice is to tell people in advance what sentence I propose to impose. In your case, Mr Ellis, I propose to impose a total sentence of one year and 10 months' imprisonment. I propose to sentence you to a term of imprisonment that will comprise a non-parole period on my calculation of 10 months. The balance of sentence will be 12 months. Therefore you will be required to spend a minimum of 10 months in prison in relation to the offences to which you have pleaded guilty.

2. Sir Walter Scott in 1808 in a poem called Marmion wrote, "Oh what a tangled web we weave when first we practise to deceive". This matter involving the two offences to which the prisoner has pleaded guilty demonstrates the wisdom of Sir Walter Scott's observation. This is the case here. Craig Martin Ellis pleaded guilty in this court as I understand it in August 2017 to two charges on the indictment that…